Spring Valley's 2016 summer busing contract and the hostile relationship on the village board became the defense's focus Monday against charges that village Trustee Vilair Fonvil and contractor Jermika Depas conspired to steal village money.

Both defense attorneys argued that their clients followed the contract approved by the Board of Trustees and that the $24,225 allocated to Depas' bank account was hers to spend as she saw fit.

"There's no direct evidence my client benefited by a single dime," Fonvil's attorney, Kevin Dunlap, told Rockland County Judge Kevin Russo, who is hearing the non-jury trial in New City.

Sam Coe, attorney for Depas, said his client got caught up in village politics and didn't steal or conspire to steal money. He said she tried to run the program properly.

He called the evidence part of a "come-on" case by the prosecution.

"There's no evidence of kick-backs but 'come-on' she must have known," Coe said.

Prosecutor Richard Kennison Moran cited the testimony of three people who cashed thousands of dollars in checks, with the money going to Fonvil.

"There's $11,000 going into the hands of Vilair Fonvil," Moran said. "Ms. Depas is not being charged with stealing but aiding Fonvil in stealing money."

Between testimony, Russo denied a defense request to dismiss the criminal charges because the prosecution failed to provide sufficient evidence that their clients' conspiracy allowed Fonvil to steal $11,000 from a day-camp busing program.

The felony charges against Fonvil and Depas include third-degree grand larceny as a crime of public corruption, third-degree corrupting the government, and money laundering. Fonvil faces an additional charge of receiving reward for official misconduct as a public official.

Russo allowed testimony to continue, saying he could reconsider his decision after hearing all the evidence.

Testifying for the defense Monday morning was Village Treasurer Kuruvilla Cherian, Special Counsel Dennis Lynch and Trustee Asher Grossman, a political ally on the board with Fonvil.

Lynch testified that the busing contract Fonvil put together was "not arfully done" and anticipated hiring six bus monitors as part of the overall $24,225 cost, including Depas's salary.

Moran has told the judge that Fonvil and Depas hired two monitors and got rid of the private bus company for the children and used village vehicles, which came at no charge. Moran argued the duo created an $8,000 surplus.

Moran told Russo the check-cashing scheme enabled a money-laundering operation in which Fonvil was able to pocket an estimated $11,000 he got from the Board of Trustees to bus village children to summer camps. Depas was hired to run the operation.

Lynch also testified that the village was required to get W-2 forms and other documentation from workers. Moran has argued Fonvil paid the drivers and monitors in cash.

Lynch said the law requires elected officials to declare any conflicts of interest under the village ethics code and federal requirements. Moran has said Fonvil had loaned Depas money, a financial relationship he didn't declare in writing and kept hidden from the board.

Lynch, who has represented most Rockland governments over three decades, said Spring Valley operated differently when it came to conducting business. Most governments wait for work to get done before making payments.

"Spring Valley is unique," Lynch said. "A lot of things don't get done until the last minute."

Grossman, an insurance broker, testified that Mayor Demeza Delhomme made running government difficult. He said the mayor would order Cherian not to provide money for programs or tell the village clerk not to sign off on resolutions.

"When we passed resolutions they would not be implemented," Grossman said, adding that the mayor would block checks and other programs approved by the board.

The mayor has accused the board's three-trustee majority of slowing down government, refusing to fill positions, pave streets or implement other programs he has proposed. He has accused Fonvil and others of working to kick him out of office.

Cherian also testified that he felt pressure from the trustees and the mayor when they were not on the same page.

Dunlap sought to establish that Fonvil went to great lengths to find the best camp facilities for the children of the working-class and poor community.

Grossman, under Dunlap's questioning. said there was debate over the summer camp program dating to 2014. At one point, a judge jailed Delhomme for defying his orders on the camp.

Grossman said he was not familiar with the camps until Fonvil showed him the facilities at the Martin Luther King Multipurpose Center. The mayor favored the center, as the village traditionally financed a camp there. Fonvil then took him to the Ramapo camps, where he saw a swimming pool and open fields.

He said the MLK center lacked such facilities and he noticed people drinking and hanging out in the neighborjood.

"It was no comparison," Grossman said of the offerings by Ramapo compared to the MLK center.

During the shortened afternoon session, the judge heard from attorney Philip Murphy, who testified that Fonvil owed his firm $80,000 at one point for legal representation. He said Fonvil doesn't have a bank account and his wages are garnished to the tune of $120 to $180 a month.

Earlier testimony

The trial opened last week with the prosecution calling witnesses who testified they cashed checks at the behest of Fonvil and Depas and turned the cash over to them

Both Dunlap and Coe trashed the testimony from Micane Mede, a former political ally of Fonvil who testified Thursday about cashing a $7,500 check and giving the cash to Fonvil.

He also testified that when Depas wanted to donate the money to Fonvil's political campaign, he told her either they split the few thousands dollars or return the money to the village.

In asking Russo to dismiss the charges, Dunlap and Depas's lawyer Sam Coe said Mede testimony lacked credibility as he avoided answering questions.

Haverstraw Police Detective Sgt. George Lutz, a forensic accountant for the Rockland District Attorney's Office, testified Thursday to a series of deposits and withdrawals into Depas and Fonvil's bank accounts. The checks were for $7,500 and $5,700.

Moran has told Russo that three people cashed checks for Fonvil and Depas.

Fonvil later got an additional $3,000 for the summer camp program from the village.

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Spring Valley resident Jermika Depas, appears in court at the Rockland County Courthouse in New City on Tuesday, April 25, 2017.(Photo: John Meore/The Journal News)

One of the bus monitors, Lucius Street, testified when the trial opened Oct. 25 that he cashed a $5,700 check made out to him and gave the money to Depas, his sister, after Fonvil claimed he needed his money. Prosecutors claim several hours later Fonvil deposited $2,000 into his campaign account.

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Spring Valley resident Jermika Depas, left, and Village trustee Vilair Fonvil, right, appear in Rockland County Courthouse in New City on Tuesday, April 25, 2017.(Photo: John Meore/The Journal News)

Mercedes Rodriguez testified Oct. 26 that she got paid $500 to cash a check for Fonvil and Depas, Moran said. She was not part of the camp program but had children attending camp and needed the money, Moran said.

Aside from a potential prison sentence, Fonvil would be kicked off the Board of Trustees if he's convicted of a felony.

The trial resumes Wednesday afternoon and is expected to end Friday or Monday.